| Terms |
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| Thursday, 11 June 2009 | |||
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The following are terms of a legal agreement between you and HistoryTimes.com. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this web site. 1. Application of these conditions of use. By accessing or using any part of the HistoryTimes.com you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you should not access or use the HistoryTimes.com.. 2. Change of Terms and conditions. We may change these conditions at any time without any notice to you. By your continued access and use of the HistoryTimes.com you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made. 3. Copyright and database right. Except where otherwise noted, HistoryTimes.com owns legally and beneficially all the intellectual property rights in the content of all the HistoryTimes.com web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as the HistoryTimes.com. Information displayed as the HistoryTimes.com search results is extracted from a copyright work owned by HistoryTimes.com. This compilation is a copyright work. � HistoryTimes.com 2008. ALL RIGHTS ARE RESERVED 4. Trademarks. All other trademarks, product names and company names or logos cited anywhere on the HistoryTimes.com are the property of their respective owners. 5. Permitted uses. No materials from the HistoryTimes.com may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way. 6. Disclaimer of representations and warranties. HistoryTimes.com is provided by History Direct.Ltd on an “as is” and “as and when available” basis to users. You use the HistoryTimes.com at your own risk. HistoryTimes.com and its associated content provider organisations make considerable efforts to make information made available via the HistoryTimes.com site as accurate as possible but no warranty or fitness is implied. Neither HistoryTimes.com nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either expressly or implied, to you: That the HistoryTimes.com will be uninterrupted or error-free; That the HistoryTimes.com or the computer server from which the HistoryTimes.com is made available, are free of viruses or other harmful components; To the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through the HistoryTimes.com. No oral advice or written information given by the HistoryTimes.com or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice. In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you. We are not responsible for any injury, loss, claim, damage, or any indirect, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of or failure to use the HistoryTimes.com or any other History Direct group of companies. From time to time we may need to update the content on the HistoryTimes.com and/or maintain the software and other equipment that runs the sites. During these times you may not be able to access the sites or things may be a bit slower than normal 7. Limitation of liability. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. History Direct may also make improvements and/or changes in the solutions and/or the projects described in this information at any time without notice Under no circumstances will HistoryTimes.com or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of HistoryTimes.com be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits or revenue, business, anticipated savings, goodwill or reputation, use of data or other intangible losses) that result from either: the use and reliance on HistoryTimes.com; or: the inability to use HistoryTimes.com; or mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to HistoryTimes.com including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to the HistoryTimes.com records, programs or services; or information or advice received through or advertised on HistoryTimes.com and information or advice received through or advertised on any links provided on HistoryTimes.com; or any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using HistoryTimes.com. HistoryTimes.com is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using HistoryTimes.com is done at your own risk and HistoryTimes.com shall not be responsible or liable for any damages or injury that may result from transmitting such information. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. 8. Miscellaneous. These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and HistoryTimes.com with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect. 9. Jurisdiction and governing law. These conditions shall be governed by and construed in accordance with the laws of England. HistoryTimes.com operates from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing HistoryTimes.com you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of HistoryTimes.com. You and HistoryTimes.com also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of HistoryTimes.com accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws. 10. Health & Safety. All possible care and attention is given to ensuring the products sold by HistoryTimes.com are suitable for the purpose they were intended for. Where relevant, we provide an indication of the age suitability and/or other technically relevant information. However, these are only recommendations and HistoryTimes.com cannot be held responsible for injury, damage caused by misuse or inappropriate use of products purchased through HistoryTimes.com outside of the recommendations that may come with the products. It is up to the purchaser to satisfy themselves that the goods purchased are safe and fit for the purpose they were intended for. Your statutory rights are not affected. Disclaimer. To the fullest extent permitted at law, HistoryTimes.com is providing this web site and its contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, HistoryTimes.com does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice. 11. Our contract. When you place an order to purchase a product from HistoryTimes.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we’ve dispatched that product to you (the “Dispatch Confirmation E-mail”). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract. 12. Returns. Please review our Returns Policy, which applies to products purchased from us. In addition to our 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy. 13. Pricing and availability. We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.. Despite our best efforts, there may occur an instance when a product in our catalogue is miss-priced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. 14. Customs. When ordering goods from HistoryTimes.com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from HistoryTimes.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. 15. Health & Safety. By purchasing any product from HistoryTimes.com, you must satisfy yourself that the product is safe for the purpose it is intended. Our age guidelines are advised to us by our manufacturers, and should you have any concerns or questions concerning this, please contact us. Your statutory rights are not affected.. Conditions Relating to Both Your Use of HistoryTimes.com and Sales to You. 16. Children. History Direct does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use HistoryTimes.com only with the involvement of a parent or guardian. 17. Other businesses. If any goods are sold as a consequence of a link to another party's web site (for example, if we provide links to the websites of affiliated companies and certain other businesses),we are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. HistoryTimes.com does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use. 18. Electronic communications. When you visit HistoryTimes.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 19. Losses. HistoryTimes.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. HistoryTimes.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty. 20. Alteration of Service or Amendments to the Conditions. We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. 21. Events beyond our reasonable control. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights. 22. Waiver. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. 23. Governing law and jurisdiction. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.. Your Statutory Rights. Cooling-off Period. At HistoryTimes.com we want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items. That’s why under our 30-day returns guarantee, if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 30 days of the date you received the item. By law, customers in the European Union also have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered. We regret that we also cannot accept cancellations of contracts for the purchase of video, DVD, audio, video games and software products where the item has been unsealed. To cancel your purchase within the seven-working-day cooling-off period, please fill out the delivery slip that accompanies your items giving the reason for the return as “contract cancellation”. Please package the relevant item(s) securely and send it to us with the delivery slip so that we receive it within seven working days of the day after the date that the item was delivered to you. The return address is: For your protection, we recommend that you use a recorded-delivery service if the value of the return is more than 50 GBP. Please note that you will be responsible for the costs of returning the items to us unless we delivered the item to you in error, or if the item is damaged or defective. If we do not receive the item back from you with the delivery slip, we may arrange for collection of the item from your residence at your cost. You should be aware that once we begin the delivery process you will not be able to cancel any contract you have with us for additional services carried out by us (eg: gift wrapping). As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item together with the item’s normal postage charge–we cannot refund any priority, express or courier component of the postage charge. For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the Department of Trade and Industry’s website at: http://www.dti.gov.uk/ccp/topics1/guide/homeshop.htm#cooling Other Statutory Rights For more information about your other statutory rights, please visit the Department of Trade and Industry’s Consumer Gateway website at: http://www.consumer.gov.uk/consumer_web/shopping.htm#4
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